Uncontested Divorce in Florida: A Complete Guide

This page is your guide to uncontested divorce in Florida, including requirements, steps, mediation, costs, and local legal support for a faster, more peaceful divorce in Plantation, Broward County, and South Florida.

What Is an Uncontested Divorce?

An uncontested divorce—sometimes called a “simple divorce” or “divorce by agreement”—is a legal dissolution of marriage where both spouses agree on all important terms: division of property and assets, spousal support (alimony), child custody (timesharing), parenting, and child support. No major issues remain for the court to decide, making the process fast, less expensive, and less stressful than a traditional contested divorce.

Uncontested divorces are common throughout Florida, including Plantation, Fort Lauderdale, and Broward County, allowing couples to separate efficiently and with privacy. In Florida, “dissolution of marriage” is the legal term for any type of divorce, but “uncontested” means it is handled without a trial or protracted legal battle.

What Are the Benefits of Uncontested Divorce?

• Speed: Uncontested divorces often conclude in 30-60 days, much faster than contested matters^{[web:167][web:176]}.
• Cost: The average cost is far lower—only filing fees, document prep, and perhaps a brief attorney review.
• Privacy: No public disputes or lengthy court records. Settlements remain private, and only the essential legal documents become part of public records.
• Less Stress: Couples keep control over important decisions for themselves, kids, and finances instead of leaving critical matters to a judge.
• Reduced Conflict: Less fighting benefits personal healing, children’s well-being, and any ongoing co-parenting relationships.
• Custom Agreements: The terms can be tailored to family needs, including asset division, parenting time, and nonstandard assets.

For couples in Broward County or South Florida, uncontested divorce means a smoother path forward—and is strongly recommended when both spouses can reasonably agree.

What Are the Florida Requirements?

• Either spouse must have been a Florida resident for at least six months before filing.
• Both parties agree the marriage is “irretrievably broken” (no-fault divorce).
• Both parties consent, without any major disputes regarding assets, debts, children, or support.
• All agreements about division of assets, debts, custody, child support, and alimony must be fully settled and put in writing before filing.

If you or your spouse don’t meet one or more of these requirements, your case will move through a standard, often-contested, process instead.

What Types of Uncontested Divorce Are Available?

Florida offers two options for uncontested divorce:

• Simplified Dissolution of Marriage: The fastest route, designed for couples with no minor children, no alimony agreement, and full financial agreement. Both spouses must attend a brief final hearing together.
• Standard Uncontested Divorce: Available for couples with children or more complex property, provided all terms are agreed and documented in a Marital Settlement Agreement. If children are involved, a Parenting Plan is also required.

Your attorney can recommend the best path for your circumstances and ensure all documentation is accurate and complete.

What Are the Steps in the Process?

1. Both spouses consult with an attorney or document preparation service to review eligibility and document requirements.
2. Complete a Petition for Dissolution of Marriage and Marital Settlement Agreement (and a Parenting Plan if you have children).
3. File the completed forms with the Clerk of Courts in your county (Plantation is located in Broward County).
4. Pay the filing fee (usually around $400; fee waivers are available for those who qualify).
5. Attend a brief court hearing together, if required, for the judge to review agreements and finalize divorce. Some counties may allow finalization without appearance.
6. Receive a Final Judgment of Dissolution of Marriage, at which point both spouses are legally divorced and new orders take effect.

Throughout South Florida, including the Plantation area, the uncontested divorce process is often managed online or through virtual hearings for client convenience.

What Is a Marital Settlement Agreement?

This is a formal, written document outlining all agreements reached by the spouses, including how to divide real estate, bank accounts, debts, vehicles, retirement plans, household goods, and more. If either spouse is seeking or waiving alimony (spousal support), that too is included. For couples with children, the agreement will reference key highlights of the Parenting Plan and child support details. When properly executed, the agreement becomes part of the court order and is enforceable by law.

Joel E. Greenberg Law helps review or draft settlement agreements to ensure they meet all legal and practical needs.

How Are Children and Parenting Addressed?

With minor children involved, you must finalize a Parenting Plan and Child Support Guidelines Worksheet. These must address time sharing (visitation and custody schedule), parental decision-making responsibilities, and support calculations. Florida law requires completion of an approved parenting class for divorcing parents. The judge will only approve agreements that serve the best interests of the children.

Courts in Plantation and Broward County are known for reviewing Parenting Plans closely, and experienced legal support is crucial for approval.

What Role Does Mediation Play?

While mandatory mediation is not required for true uncontested divorce, mediation is an excellent voluntary tool if the couple gets stuck on any single issue—like division of a retirement fund or certain parenting arrangements. A neutral third party (mediator) can help couples resolve final sticking points and move forward, ensuring uncontested status is preserved.

How Long Does an Uncontested Divorce Take?

In most Florida counties, including Broward, a simplified divorce may finalize in as little as three weeks—if all documents are complete and both spouses attend the hearing. Standard uncontested divorces, especially with children or more complex assets, average two to three months from file to judgment. Delays may occur due to court scheduling or incomplete paperwork but uncontested cases receive scheduling priority.

How Much Does It Cost?

The primary expense in an uncontested divorce is the court filing fee. Legal fees are minimal, especially if both spouses participate fully and agreements are in place. Some online document preparation services or local attorneys, like Joel E. Greenberg Law, offer flat-fee or reduced-rate uncontested divorce packages, further reducing stress and cost for families.

Why Hire a Plantation Family Lawyer?

Even if your agreement is clear, experienced legal counsel can spot issues that cause delay, rejection, or later legal problems. Joel E. Greenberg Law, with over 30 years in Broward County courts, navigates the requirements of South Florida’s legal system, local judges, and mandatory documentation for a seamless uncontested divorce experience.

Get Started with a Free Consultation

Ready to move forward quickly and privately? Schedule a confidential consultation with Joel E. Greenberg Law. Our team serves Plantation, Broward County, and South Florida, guiding you through every step of uncontested divorce—so you can embrace the next chapter of your life with clarity and peace of mind.

Frequently Asked Questions

What forms do I need for an uncontested divorce in Florida?

You need a Petition for Dissolution of Marriage, Marital Settlement Agreement, Parenting Plan (if children), and financial affidavits. An attorney can ensure all forms are correct and submitted properly.

Do we both have to appear in court?

For simplified divorce, yes—both must attend. Standard uncontested divorce may not require both to attend, depending on county rules.

Can we do an uncontested divorce if we have children?

Yes, as long as all major issues (parenting, child support, alimony, property) are agreed upon and documented in writing.

Do I need a lawyer for uncontested divorce?

Legally, no—but having a knowledgeable local lawyer like Joel E. Greenberg ensures nothing is overlooked and the process is smooth.

How does child support work in an uncontested divorce?

Parents must use Florida’s Child Support Guidelines Worksheet to determine amounts, and a Parenting Plan must be included. The court checks that children’s best interests are served.

What if we later disagree after divorce is final?

Court-approved agreements are legally enforceable. For modifications, you must file a petition showing significant changes in circumstances.

Can I get an uncontested divorce if my spouse doesn’t respond?

No, both sides must agree and participate. Otherwise it becomes a contested case.

How fast can an uncontested divorce be completed?

Some simplified divorces finalize in as little as three weeks. Standard uncontested cases usually complete in two to three months.

What local courts handle uncontested divorce in Plantation?

Plantation is served by Broward County Family Court, which manages all uncontested and contested divorce filings for the area.

Does uncontested divorce affect taxes or benefits?

Divorce can affect tax status, child-related benefits, and health insurance. Discuss all financial impacts and benefit transitions with your attorney as part of your settlement agreement.